Allocation Hearing Milo v Barclays **WON**

[Milo19]

We I have sent of my request for statement, and they have sent me 3years worth of statements. Obviously not what I requested!!

Having quickly looked through last years statements, I've worked out that they had £620 off me. :o That's just last year!!! B***ARDS

 

They have just 25days left to comply with the request. Its amazing the amount of money that has been slowly dripping out of my account!!

 

Will keep you up to date!! Good luck all!

[Rooster-UK]

Did you sent the DPA letter and enclose £10 ?

 

If so then write to them and inform them that the clock is ticking and that they have XXX days left to comply.

 

If not then do it now.

 

Good luck

[Milo19]

Now recieved full set of statements from Barclays, and they returned my cheque, saying "this service is free of charge"

 

Pre Lim letter sent today, requesting £3165.00 - Shocking amount of money!!

[Milo19]

Received letter this morning from Mike Brophy, Head of customer relations saying:-

 

"I refer to your recent letter regarding the charges you have incurred.

All correspondance has now been passed to me in accordance with our internal complaints process. I am committed to resolving your complaint as quickly as possible and I will investigate the matter thoroughly with due regard to your comments.

I expect to be ale to contact you again by the 2nd August."

 

No what??? Shall I leave it until he contacts me now, as the 14 days I gave them expires on the 19th July, if he hasn't replied by then, should I then send the LBA?????

[Milo19]

Just another thought, I really need them to refuse the claim, because the interest alone is over £700.00!! But obviously can't claim that until we go off to court!!!

[Rooster-UK]

Hello again, Milo.

 

Ignore the bank's 2nd Aug. reply date.

This is YOUR shout. Stick to YOUR timetable.

If no reply by 19th July, send the LBA. They may then make an offer of about 50% of your claim.

To be absolutely reasonable, write to them and thank them for their offer which you are happy to accept, but make it plain that you are only accepting it as PART settlement and that you will be pursueing the balance in court.

They will probably withdraw the offer.

Just continue your action as per your own timetable and you will succeed.

 

Good luck.

[Milo19]

Thanks for your help. I thought I should stick to my time table, but just wanted clarification. Will update soon!

[Rooster-UK]

Go for it, Milo.

 

Good luck.

[Milo19]

Received an offer of £1000.00, but i am going to refuse it. Should I just put thanks, but I will be going for the rest through the courts if neccessary????

[jonto81]

Milo,

 

From my understanding you need to reply saying you will take the £1000 as a partial payment of the money owed to you, however you will still be looking for payment of the outstanding amount and this does not constitute closure of your overall claim

[Milo19]

Sent this on 27th July 2006

 

Dear Mr White

Thank you for your letter dated 23rd July 2006.

I have to say that I find your offer of £1000.00 some what insulting taking into account that the total Barclays have charged me currently stands at £3,165.00.

I am happy to acknowledge this as partial payment of the money owed to me, however I will still be seeking payment of the outstanding balance and this does not constitute closure of my overall claim.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I require repayment in full of this money, for which I have enclosed another copy of my charges. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount with interest plus my costs and without further notice.

 

I look forward to hearing your comments

Yours Sincerely

Just hope they ignore it, then I can claim interest!!!! They have until 10th August!

[Milo19]

No reply from Barclays at all. The target date expired on Thurs 10/08/06 - Going to enter claim on money claim!

[Milo19]

Is this ok to enter on the particulars?/??

 

I have a contract with Barclays Bank

conducted on their standard terms and

conditions. I am claiming return of money

taken by the defendant in the way of

charges over the last 6 years, totaling

£3165.The charges are a disproportionate

penalty and therefore unenforceable as they

are contrary to common law.Further,as a

disproportionate penalty they are invalid

under the Unfair (Contracts) Terms Act 1977

s.4 and under the Unfair Terms in Consumer

Contracts Regulations 1999.Para.8 and sch.2

(1)(e).In the event that the charges are

not a penalty then they are unreasonable

within the meaning of the Supply of Goods

and Services Act 1982 s.15.I have

repeatedly asked the bank to justify their

charges but they have declined.I claim

interest under section 69 of the county

court act 1984 at the rate of 8% a year

from 27/11/00 to 23/08/06 of £781.24,also

interest at the same rate up to the date of

judgment or earlier payment at a daily rate

of 8%.I therefore claim a total of £3946.24.

[Milo19]

Submitted, £4066.24! :razz:

 

 

Bring it on Barclays!!!! :p :cool:

[Milo19]

Can I ask a question?

 

When you enter the the claim to the court, you put the amount as it is then. I put my claim in at the end of Augst for Barclays, so the total has now changed, how do I get the new total and not what claim when i entered the claim. Because I've just sent the court the £100 fee which surely I add to the total???

 

Please help?

[Welshman]

If you are talking about further charges to your account by Barclays then you can add that to the MCOL for a fee (think it's £35) but that will set your hearing date back but if you are referring to the daily interest charge, then don't worry because in the particulars of claim when you filed, it takes care of it automatically.

 

As for the £100 for putting the AQ in, that gets added by the court upon judgment.

[Milo19]

This is my thread: - http://www.consumeractiongroup.co.uk/forum/barclays-bank/14296-milo19-barclays.html

 

Received a letter this morning saying the following: -

 

IT IS ORDERED THAT The claim is stayed on the grounds that the claimants statement of the case discloses inadequate particulars of claim. Unless by 4pm on 12 November 2006 the claimant files and serves a further statement of case that sets out full particulars of the claim, the claim will be struck out.

 

WHAT DOES THIS MEAN NOW??? AM I SCREWED??? BARCLAYS ARE JAMMY BAS*ARDS

 

:x :(

[RETURNED TO SENDER]

Show here what your original court claim stated Milo.

[RETURNED TO SENDER]

Could also be that the judge wants a breakdown in date form for each charge against your bank account.

[Milo19]

Show here what your original court claim stated Milo.

 

I have a contract with Barclays Bank

conducted on their standard terms and

conditions. I am claiming return of money

taken by the defendant in the way of

charges over the last 6 years, totaling

£3165.The charges are a disproportionate

penalty and therefore unenforceable as they

are contrary to common law.Further,as a

disproportionate penalty they are invalid

under the Unfair (Contracts) Terms Act 1977

s.4 and under the Unfair Terms in Consumer

Contracts Regulations 1999.Para.8 and sch.2

(1)(e).In the event that the charges are

not a penalty then they are unreasonable

within the meaning of the Supply of Goods

and Services Act 1982 s.15.I have

repeatedly asked the bank to justify their

charges but they have declined.I claim

interest under section 69 of the county

court act 1984 at the rate of 8% a year

from 27/11/00 to 23/08/06 of £781.24,also

interest at the same rate up to the date of

judgment or earlier payment at a daily rate

of 8%.I therefore claim a total of £3946.24.

[Milo19]

Question: Did you send the court a schedule of charges after submitting your MCOL ?

 

No I haven't sent them a list of charges. I thought that what I have to do when I have to send my bundle off?

[Milo19]

So basically, I send them the N1 form, obviously changed to my details, and a copy of the charges? and thats it?

[Milo19]

Bump!

[Thailand]

You don't have to send the N1? If you issued through MCOL Northampton will serve the claim for you. You can now choose to send your schedule of charges and other comms if you wish, but I personally have heard the courts may prefer you to submit with allocation questionare. You can send them now though if you wish

 

JMHO

[Milo19]

I have sent off the AQ. I didn't include a list of charges though.

 

So, should i forward the charges on to them, and a covering letter. If so, what should I put in that letter!